Robert L. Chortek

Partner

Business Litigation; Alternative Dispute Resolution; Construction; Real Estate

robert.chortek@berliner.com
408-286-5800

Mr. Chortek represents and advises public agencies, owners, developers, contractors, and subcontractors on a wide variety of construction-related issues. He has substantial experience in all aspects of construction law including drafting and interpretation of construction contracts, bonding requirements, contract performance, stop notice and mechanics’ lien issues, claims, litigation avoidance, and alternative dispute resolution.

In addition, Mr. Chortek handles a variety of business litigation, general business, collection, bankruptcy, and products liability cases. Mr. Chortek is also responsible for law firm management and training of associate attorneys.

Education/Honors

• University of the Pacific, McGeorge School of Law, J.D., with Distinction, 1984
  • Pacific Law Journal, Assistant Editor, 1983 - 1984
  • Pacific Law Journal, Comment Author, 1983 - 1984
  • Traynor Honor Society, Lifetime Member
  • Dean's Honor List, 1981 - 1984
  • Verne Adrian & Annabel McGeorge Merit Scholarship
• University of California, Los Angeles, B.A., Economics, 1980

Representative Cases

• Walsh Construction of Illinois v. R.P. Richards, Inc., et al.
  Santa Clara County Superior Court Action No. CV747348. In a related pre-litigation claim, Berliner Cohen successfully negotiated a settlement of Walsh Pacific's request for extra costs incurred in the construction of the South County Regional Wastewater Authority's sewage treatment plant in Gilroy, California. As part of the settlement, Berliner Cohen negotiated a defense and indemnity obligation by Walsh Pacific, in favor of the public entities, against claims made by subcontractors and other possible claimants.
• R.P. Richards, Inc. v. Nibbi Brothers, Inc., et al.
  Santa Clara County Superior Court Action No. CV744585. This litigation related to the Administration Building at the new Wastewater Treatment Facility in Gilroy, California. R.P. Richards, the mechanical subcontractor, filed a claim for compensation for extra work, sought to enforce the stop notice, and made a claim against the general contractor's payment bond. R.P. Richards' claims were settled shortly after the lawsuit was filed, and without the need for protracted litigation.
• Sposeto Engineering, Inc. v. Alameda County
  Superior Court Action No. H-176758 - 4. Berliner Cohen represented the contractor against the County of Alameda seeking compensation for work not included in the contract and required by unforeseen site conditions. Berliner Cohen obtained a substantial payment for the contractor through a negotiated settlement.
• Hansen Concrete Products, Inc. v. R.P. Richards, Inc., et al.
  Santa Clara County Municipal Court Action No. DC95317577. This action was filed by a supplier to obtain payment for materials provided to Phase I of the New Sewage Treatment Plant in Gilroy, California. Berliner Cohen arranged to have the general contractor, Walsh Pacific, defend the South County Regional Wastewater Authority under the terms of the construction contact.
• Terrace Gardens, Inc. v. Sakura Construction
  Santa Clara County Superior Court Action No. CV742175. Berliner Cohen represented the owner of a senior housing project in litigation against the general contractor for a variety of construction defects in the Terrace Gardens Senior Housing Project in Milpitas, California. Berliner Cohen successfully negotiated a settlement in excess of $1,000,000 in favor of our client.
• Confidential settlement.
  In this action, Berliner Cohen represented the buyer of an estate located in the San Francisco Bay Area in a claim against the seller of the property for construction related defects which were not disclosed through the escrow process. This matter was primarily a construction deficiency claim and resulted in a multi-million dollar settlement in favor of our client.
• Samuel H. Maslak v. JDO Company, et al.
  San Mateo County Superior Court Action No. 369783. Berliner Cohen represented the owner of a single family residence in litigation against the developer of a subdivision in Redwood Shores for construction related deficiencies. The case was settled for approximately $400,000.00.
• Dr. Donald Belt v. Robert Mills, et al.
  San Benito County Superior Court, Action No. 15604. The general contractor hired to construct an addition to a medical facility in Hollister, California filed a lawsuit against the owner seeking damages for the wrongful termination of the contract. Berliner Cohen filed a Cross-Claim against the contractor seeking damages for the cost to complete the construction according to the terms of the contract. After obtaining a favorable ruling on our motion for summary adjudication with respect to the interpretation of the parties' contract, the case proceeded to binding arbitration which lasted five days. A decision in favor of our client and against the contractor resulted.
• All Seasons Roofing, Inc. v. Gillen,
  Santa Clara County Municipal Court, Action No. DC89 - 192344. This action was filed by the contractor against our clients to foreclose on a mechanics' lien. Berliner Cohen filed a Cross-Claim against the contractor seeking damages for the cost of completing the construction project according to the contract. After a three day binding arbitration, a decision in favor of our clients and against the contractor was issued.
• Westridge Partners v. Granite Construction Co., et al.
  Santa Cruz County Superior Court Case No. CV129846. In this litigation, Berliner Cohen represented the owner of an office building who sought to recover damages for subsidence and related damages to its building in Watsonville, California. The adverse parties included major contractors in the Bay Area including Granite Construction Company and South Bay Construction and Development. This litigation was settled for $350,000.
• Kang Family Partners, L.P. dba Biltmore Hotel & Suites v. Roy Herrean Construction,
  Santa Clara County Superior Court Case No. CV755848. In this action, Berliner Cohen represents the owners of the Biltmore Hotel & Suites who are seeking damages for construction deficiencies in one of the premier hotels in Santa Clara County. At our request, the case was assigned to a special master who is supervising a mediation among the parties. This case is ongoing.

Professional Admissions

• State Bar of California
• Supreme Court of California
• United States Court of Appeal, Ninth Circuit
• United States District Court for the Northern, Eastern Districts

Articles/Publications

• Comment: "Impeaching the Accused with Prior Convictions: Does Proposition 8 Put Beagle in the Doghouse?" 15 Pac. L.J., 301, 1984

Activities/Memberships

• Santa Clara County Bar Association
• San Jose Dance Theater, Board Member and Vice President
• Associated General Contractors of California, Inc., Member
• Construction Financial Managers Association, Member
• San Jose Flycasters, By Laws Revision Committee, Member
• Santa Clara Amateur Radio Association, Member
• Northern California Contest Club, Member
• Northern California DX Club, Member

Personal

• Born in Duluth, Minnesota, May 2, 1958
• Married with two children
• Interests include fly fishing, amateur radio, skiing and scuba diving

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